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:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas.
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:: Monday, June 18, 2012 ::
So if I'm reading Williams v. Illinois right so far (and I haven't finished it), it seems persons with otherwise-inadmissible evidence useful to the prosecution can get it in by mentioning it to an expert who is going to testify for the state -- casual-like, so as not be "testimonial," see Thomas concurrence -- and this will be enought to get around both the hearsay rule and the Confrontation Clause. Does the outcome change if facts show prosecutors colluded with this discrete indiscretion? Will it ever be possible to show that, even when it happens?
:: David M. Wagner 10:37 AM [+] ::